e to go. >> stick around. special report is up next >> a boston blockbuster and new arrest in the marathon bombing. this is special report. ♪ ♪ >> bret: good evening i am bret baier. two weeks since the boasting bombings and many experts insists that the two known suspects must have had help. tonight we have a better idea of who and how. three young men in custody accused of involvement after the attack. chief intelligence correspondants have the latest information. two young men from kazakhstan are charged with obstruct

being justice. a third man not seen here is charged with lying to federal investigators. after a brief court appearance. attorneys from two addressed the reporters. >> he assisted the f.b.i. in this investigation and he's just as shock horrified by the violence in boston. >> he cooperated fully with the authorities and looks forward to the truth coming out in this case. >> according to the criminal complaint, three men all frens of dzhokhar tsarnaev believed he was one of the bombing suspects. based on evidence of bomb making in johar's suite. after a text from johar, it is alleged that the three men alleged they would never see their men again and collectively decided to throw the backpack and fireworks in the trash.

they didn't want tsarnaev to get into trouble. last week the f.b.i. searched the land fill and the criminal complaint does not allege that they were told to destroy evidence does have compeeling details about the case. the f.b.i. released the suspects. a month before the marathon bombing, johar told his friend said he knew how to build a bomb. news was breaking and the new arrest undercut the assessment that the tsarnaev brothers were lone. >> the investigation needs to follow all paths and i know the president expects the f.b.i. and lead agency in this investigation is making sure is what is happening in this investigation. >> the homeland security confirm that one suspect who is on a u.s. visa was able to

get back in the country two weeks later because customs was not notified. as for the tsarnaev backpack, it recovered by the f.b.i.. >> >> bret: thank you. the bum pumadministration is facing pressure about charges of threats and intimidation directed against the whistle-blowers of the benghazi attacks. some survivors of the attack want to speak out and the administration today responded. chief correspondant ed henry has the story. >> one day after president obama said he was unaware of whistleblowers coming forward in benghazi, white house jay carny tried to turn the page on it. >> let's be clear benghazi happened a long time ago. we are unaware of blocking information on benghazi.

>> it was only today f.b.i. released surveillance photos of three individuals who were on the grounds when it was attacked and leading to the death of four americans. republican attorney continued to insist she has an unnamed client ready to challenge the administration. >> i don't talk in perry mason terms of blowing the lid off something. i can tell you various whistle-blowers in the background i know, there is information that is inconsistent with the administration sceniario for the attack on benghazi. i would tell you that with certainty. >> carny dismissed the idea that anyone was being muzzled andallied that anyone who wants to testify can come forward. >> anybody who wants to be heard by congress can welcome

in our view. that is our approach to the matter. >> the administration released new letters from the departments of state and defense stamped in the last 24 hours. since fox asked the president whether government employees are blocked from speaking out. >> i am not familiar with the notion that anybody was blocked from of testimony. >> the new letters insists that neither departnt received request from any employees that want private attorneys to get security clearance for acess to classify would information on benghazi. >> the state department is playing cutesy. in other words they say i will be a whistle-blower and help me find a lawyer. that's not how it workings. >> issa wrotes to secretary of state kerry numerous individuals came forward with information related to the benghazi attack and may need

personal attorneys with security chlorance. today senators fired off a letter to the president demanding he provide all of the names of the benghazi attacks survivors. >> she is willing to take on the democrat co-counsel and wants her unnamed client to testify. >> bret: ed henry on the north lawn. much more on this with the panel. we conclude our three-part investigative series on the benghazi attacks with an example of how not to respond to a crisis. there are reports on accusations that the obama administration dropped the ball. >> what difference at this point does it make? [applause] >> the lack of action in benghazi makes a big difference to mument pel sourcos the ground that night and others who witnessed the events unfold. >> they had no contingency plans for what if this happens

. that's a problem that the state department will face in the future. they are dealing with more hostile regions and country and it is attacks are going to happen again. >> our source monitoring the events in benghazi real-time reveals the lack of action by the pentagon and state department and white house on the night four americans were killed. he said more could have been done to save lives and asked if security warnings were ignored. this was given bypass the secretary of defense leon panetta. >> you don't deploy forces in harm's way without knowing what is going on and having real-time information about what is taking place . as a result of not regular that information the commander on the ground in naarea. general demp, ey and i felt strongly not to put forces at risk. >> i could see the initial

confusion and the problem with the state department they don't have the procedures in place, and if they do, they haven't practiced or exercised them . now, you know they are making up for all of the mistakes they made with excuse. >> this is a break down with state and military. >> absolute low huge break down with the state and military. itate department and defense department need to get on the same page. >> they fell under the authority of the chief of mission which was chris stevens . once he was corners and members of the security detail pushed the distress signal it would be transferred to the deputy and that meant it reverted to the u.s. state department and oversight of the response to the attack fell to security clinton and secretary of state patrick kennedy.

they were calling the shots multiple sources and kennedy was monitoring the radio traffic and distress call . shortly after the attack began at 9:40 p.m. special forces put out a call sign for all assets military and otherwise to be put in position to help. >> that is every asset and elementt to respond and it becomes a global priority. >> was that given? >> it was given and the only reason it was given because of the special operations pact. it has nothing to do with the agency. that has nothing to bothe department of state. >> special operations gave the call sign. >> yes. >> assets did not move. >> the failure of the state department or white house to give military permission to cross in libya to help shows the break down between the u.s. military and state department and white house and

cia that cull - culminated in the lact of. >> the problem of the state department it is a diplomatic action and build commerce in a foreign affairs element that is related to it. the military specifically does targeting and we look specifically at individuals. there is not good communication between the state department and department of defense on any level. >> this claim contradicts the report of the state department which said in part washington and tripoli and benghazi and cooperation and coordination were effective. >> it is horrible. when you are on the ground and depend on each other. we'll get through thuation and you look up and nothing outside of the strasosphere is coming to rescue that is a bad feeling.

>> four american lives were lost that night. >> my reason for sitting in the seat. if this gets someone off of the butt and makes a decision for my guy to finish their job. i feel like i have done my work here. >> bret. he is the first source to talk about benghazi. it took courage to do so. he feels threatened and he gave us no classified information whatsoever. we talked to others and they have not decided to step in front of a camera. >> bret: we welcome any folks to speak out on the story. today is the two-year anniversary of the osama bin laden killing. it was may 1st 2011 that navy seals landed in the bin laden compound killing the terrorist leader and escaping. we remember that

well. terror suspects captured alive are still not eating in guantanamo bay . president obama said he will take another shot of closing the prison. here's more on whether the president's new effort can avoid producing the same results. >> guantanamo is not necessary to keep america safe. >> the president reignited the debate over closing guantanamo bay. he cited a list of reasons to shut it down. >> it is expensive and lessons with our allis and a recruitment tool for extremist. >> the president pushed for closing guantanamo and wanted to purchase a prison in illinois to hold the detaineys. many are resistant to giving terrorist legal rights once

housed on u.s. soil. >> the president has no detention policy on how to deal with enemy combandants. he can say he want to close guantanamo bay. but the country needs a way to deal with enemy combatants. >> congress blocked trimes for detaines in the u.s. unless the receiving country could meet a standard. >> congress lifts those and prosecute that did crime and send the rest home. >> congress lift those restrictions and allow the president to close guantanamo. >> the pentagon estimated 20 percent of the detainees released went back to wag ji had. 100 inmates are a a hunger strike and 21 force feed a

life-preserving act that violates the core ethical values. bret. >> bret: doug, thank you. members of the main stream media are not happy about the president's explanation of guantanamo. that is later . up next walking the fine line of amnest yeimmigration -- amnesty and immigration reform.

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here in washington there are plenty of loud voices on both sides of the immigration debate. >> our current immigration system is disaster. >> targeting conservative there is a ad featuring marco rubio starting to air until the senate mark up encouraging viewer to call congress and

end defactor amnesty. there is number of exceptions and loop holes in the legislation. >> there are concerns about the waivers in the bill. some waivers some might be justified. they are not created equal. >> conservative critics are trying to kill it by labeling it. >> it is a big breathe taking leap in amnesty. it would have made the public so vulnerable. >> but the gang much 8 members said critics should drop the bumper sticker words and focus on reality. >> had is not a path to amnesty. senator mccain said the path is a long one, people have to pay a fine. they have to learn english and work and contribute to society. >> top priority for

conservatives is enforcement and rubio acknowledged the challenge. >> people don't believe that the obama administration or federal government will enforce the law. we have to build in to this bill mechanisms to make sure the law is not forced. >> there is a push to include gay couples in the reform. rubio said that is a deal breaker for republicans and the florida senator said the immigration bill is difficult enough as it is. >> bret: so what do you thinka? do you think immigration reform legislation will be a reality this year. pay rol processer adp said companies add 119,00 where are jobs in april. that is the fewest in 7 months that. sent wall street on a downward spire will. s&p 500 dropped 15 and nasdaq fell 30. still ahead and getting down in the dirt in the virginia

governor's race. first why the main stream media held back on the philadelphia abortion doctor's trial. at od, whatever business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio we do whatever it takes to make your business our business. od. helping the world keep promises.

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[ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! >> pro life groups are dekraaing and the government's

decision the plan b contraception bill available to 15 year old girlings. last month the federal judge set a deadline to remove all restrictions on the drug's sale. day two of jury deliberations is over in the philadelphia abortion doctor's case it is a story you could have missed if you were not tuning in here. we have that and the warning here as we do with this story some of the material in shannon's report is disturbing. >> hello, bret. it is a capitol murder case in which a doctor is accused of killing multiple people. it involves 250 criminal accounts against the defendant and yet many americans have not heard of kermit gosnel.

there is some knowledge of the trial. 57 percent said media bias is to blame and 18 percent said it is too gruesome and 6 percent said it was a local. none of the three major broadcast mentioned the case since it started. other media outlets have slow low changed course. the gosnell story is a local crime story and after taking a wave of back lash. wrote i was wrong the aggregious crimes have become a matter of national attention . the jury have asked a few questions of the judge but most of them is related to the co-defendant eileen o'neal. they have yet to begin

considering the 250 counts against gosnell. >> shannon thank you. >> bret: don't forget to tune in for the fox news reporting. see no evil the kermit gosnell case. >> there is a bill for newborns that survived botched abortions. it would penalize the abortion providers that don't give medical care to infants born alive. what would you do for a 15 percent raise . some of the sympathetic observers appear to be running out of sympathy. the grapevine is next.

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>> president obama's claims that his hands on tide when it come to getting congress to act on issues are falling on deaf ears with the left leaning journalist and columnist. he said the things are dysfunctional on capitol hill. a bystander agrees on the dysfunction but president's stance was passive it is the president's job to lead and bang heads if necessary. it is called leadership said the new york times morning doud. he thinkings he will do his

things from the balconyeeveryone will follow. that's not how it workings. even if you concede to obama on every point a president looks weak and defeated when he shifts accountability to forces out of his control. ofa took to the streets of new hampshire in the end of april for an impassionad protest against the senator for expanding background checks for gun sales. there appeared to be fake blood, more shot in one day than in marathon. >> call it incentive to stand with your company for the long hall. 15 percent pay raises, if they get a tattoo of the company

logo. so far 40 employees cashed in. one person with no company ink, the boss who will get his tattoo eventual >> two candidates are looking to tattoo each other in a flurry of negative tactics. carl cameron said it is more about the politics than the issues. in the virginia governor's race both candidates seem to be running from their reputation. terry mccall is a self made millionaire. derided by the gop and virginia outsider with a sketchy business record. >> i am running for governor . how we have the work force training. >> virginia's attorney general first to file suit in obama care is socially conservative and gets named out of the main stream by the liberalings. >> we are focused on what

voters care about and that is the opportunity to grow virginia's economy. >> he taughts the concern for the need ed and he's focused on mentally ill and wrongly convicted inmates. >> i will have the record of helping to exxon rate more convicts than any ag in history. if i never do anything gan that is worth it. >> the adtouts 20 years in virginia and economic agend a. >> nothing is more important to virginia than good jobbings. he is campaigning as a job creator when green tech created no job in virginia and move to mississippi where it is struggle would. >> heria not being truthful about it. if that is his calling card for a proving of job creator

it is not a good one. it is not a reliable one either. >> the camp said that futeneli falled to disclose gifts. that is looked into by the f.b.i.. they say it was corrected as soon as it was discovered. the polls are very tight and some give gutineli a maul edge. the election is in november and the candidates now for secretary of state kerry. edmarky a liberal fix fur 40 years beat congressman steve lynch for the democrat nomination. on the gop side gomez won. he is successful businessman and never run for office . in massachusetts democrats outnumber republicans 10-1. it will be a uphill climb for

him. >> bret: new arrests and conflicting signals from the obama administration . we'll discuss it with the all-stars next .

>> it is just incomprehensible that they knew about it and as you know. one law enforcement officer was murder by the two brothers after these individuals knew

they were responsible for the bombing. >> they deny the charges as we said in the beginning. he assisted the f.b.i.. >> my client feels horrible and shocked to know that someone he knew was involved in the boston marathon bombing. hecooperated fully with the authorities. >> three more arrests in the bombing today. according to the criminal complaintt these three men were friends from johar tsarnaev and believed he was a boston bombing suspect based on surveillance video and based on evidence of bomb making in his room and they collectively decided to throw the backpack and fireworkings

in the trash and they didn't want tsarnaev to get in trouble and a computer laptop was taken away. the f.b.i. has recovered that. juan commilips and steve . charles krauthammer. steve, what do we make of this? >> the most important question is there any indication that these folks might have had aforeknowledge of the attack. it doesn't sound like the authorities think they had foreknowledge. there is one sentence and exchange where there is a texts back and forth between johar tsarnaev and one of those who disposed of the backpack and fireworks and tsarnaev said go to my room if you want to and take anything you want. authorities say i am not around anymore and you can have whatever you want.

others suggested that is it something they coordinated and help them to dispose of evidence. i tend to believe that the way the authorities wrote the complaint today suggest they have a good beat on who these guys were and it was not foreknowledge. it is open to question. >> bret: one from kazakhstan and one from the same region as johar? >> the pertinent question is, was there a wider conspiracy? is there any evidence of a conspiracy to help these men commit the crime? what we heard so far from intelligence sources no, we think these folks are self radicalize they be affected by the virus of al-qaida and jihadism and through the internet and we don't know what happened on the trip back to russia. is there a wider network and

is there a case and network of people working to make boston happen? you have to consider the f.b.i. said they are looking now at female dna and whether or not there is a widow involved in this . as a result of a lot of this, you are getting both homeland security committees on the hilt. saying they are going to look into how the f.b.i. handlemed -- handled it . did they fall down after the russian authorities asked whether he was a threat. >> >> bret: lis to what juan referenced there. >> one of the dangers that we now face is self radicalized individuals who are already here in the united states. in some cases may not be part of any kind of network but because of whatever warped and

twisted idea they may have may decide to carry out an attack . some ways, they are more difficult to prevent. >> bret: he was asked about the specific case and got to that point. a number of administration official said similar things. everything that we hear from the f.b.i. and investigators that the investigation is expand going over seas and possible contact that is tamerlan the older brother had over seas. it doesn't seem to jive. >> any assumption they are lone rules and self radicalize therefore operating alone is unwarranted. look at the guy who attempted times square. pakistan american and he went over to afghanistan and got to pakistan and got the training.

cube self radicalized and once you become a jihadist and a fanatic, you might go over and get trained. there is no indication that all of this was done on their own. if you talk to experts who know about the type of bomb that was used, that is hard to do from a manual and it is a sophisticated device. especially about the kind of remote detonation that was used and that implies that there was training. look at the coincidence. there is a guy, the older tsarnaev who went over to chechnya and dagestan which is the heart of the insurgency, had all kinds of contacts that we don't yet know about and came back capable of all of any assumption of it being a lone wolf is unwarranted at this time. >> bret: or at least

premature. >> it is an assumption not to make when you have evidence. self radicalized. remember obama said in the case of the underwear bomber, that he immediately assumed it was a one off deal, and it was exception we should never assume that. >> assumption is the key word there. two key points. you wonder because we have heard warning intelligence briefings to congress about the growing threst self radicalization and the possibility of launching these kinds of attacks it is something that the intelligence community is attuned to. it is not necessarily surprising that they would see something like this and plug that and this is what we are afraid of. that is assumption number one and the other potential troubling assumption is that the chechnya rebel groups that are separatist and weren't

necessarily as jihadist as many people thought. at least that was the perception in the intelligence community would never want to strike the united states. there is a talk of lack of chatter about the attack and we didn't pick up much of that. and maybe we are listening in the wrong places and not paying attention to those folks because we worked on the assumption that these groups never attack us it was a flawed assumption in the peninsula. you can back to al-qaida and similar assumptions were made there. we have to be careful to challenge all assumption in every stage . investigation and analysis before hand and afterwards. >> bret: next up. just released pictures from the f.b.i. and benghazi and the republicans double up the

pressure on the president on the issue. some changes you liked. and some you didn't. come back to see us. we listened to you. now we'd love to see you. ♪ ♪ ♪ ♪ don't our dogs deserve to eat fresher less processed foods introducing freshpet recipes so fresh the only preservative we use is the fridge freshpet fresh food for fido

gency block employees who would like to provide information on benghazi. anybody who wants to be heard by congress is welcome to be heard by congress in our view. >> we have asked for and they talk about the documents. why not send over the names so that these individuals, that the congress interview. we don't have the information. it is a compelling argument for a select committee to

investigate the whole tragedy that took place which we don't have answers for. >> white house press secretary said benghazi happened a long time ago. it happened 8 months ago . the f.b.i. on the website put up a picture of three men that the f.b.i. said it is asking libyans and people around the world to help identify. three individuals on the grounds of the u.s. special mission . they may be able to provide information to help with the investigation accord toth f.b.i.. these are three pictures they put up and they are seeking information seeking these men relating to the attacks and resulting in the four deaths of the u.s. ambassador. we are back with the panel. charles? >> benghazi happened a lot time ago. this administration has stone walled every inquiry and delayed the answers and not reased names and told all kinds of story and they are

saying it is an old story. i have argued from the beginning, the administration is always stringing it out over time and count on the main stream media being uninterested in the story and that worked up until now . echoes what hillary clinton said in the hearings. what difference does it make at this point? >> if you wait that long, the evidence will fade. but they will not get away with it. i think there are people in the state department that want to testify and now it is out in the open, they are -- at least the accusation is that the administration is threatening them and in cases like that. they will be allowed to testify and as we heard in the reports from adam houseley. there is stuff that happened there that contradicts the official story and that is when the story of the unraveling of this will begin.

>> bret: juan. >> i love challenging authority and love challenging government and people in position of power. the question is, what do you know and that is basic journalism and persistance paying off. when i look at what victoria, who is a friend of mine has and not naming the clients and can't say if they were on the ground and there in benghazi, we haven't heard anything about a whistle-blower request in the defense or state department. >> bret: there are two letters from congressman issa. >> that's from the hill. >> bret: she was going through issa with an official request. >> we haven't heard anything from state or defense. issa said we will have a hear we saw them before that didn't come to much. frank wolf said maybe we should have a select security

hearing on security laps around benghazi. fine. what you are hearing from hillary clinton and now the current secretary of state john kerry there is a politization and spread of misinformation. the question is there something real here? it is okay to be persistance. but is it there? >> there is something and it independent the white house. we know the talking points as laid out in the house respect and was evident to anyone who watched susan rice on the sunday shows. to answer your questions directly there is new information and that is one of the reasons that this is proving to be difficult for the administration to ignore or shove aside. we saw an administration the f.b.i. didn't show up in benghazi until october 4th. a month later and we didn't have much urgency on

investigating this and even after the election in that time frame. >> bret: let me interrupt you. adam housely piece this week dealt with the hunt for the master mind. we know who it is and where they are and they are walking free. asked the f.b.i. about it repeatedly this week. now, we get these pictures today. this is eight months later. those are cam ras from surveillance cameras on the consulate grounds eight months later. this is what the f.b.i. said. was it result of fox news reporting? absolute low not. the decision to post these this morning was made before our producer found it necessary to even call us. >> coincidence. it is remarkable the number of coincidences around these events. >> it is two hundred some odd day around the attack. it is possible it came out and

happened to come out the day afterwards. >> bret: next week, the hear we'll see what comes of it we'll cover it . stay tuned for website reviews that you hopefully will not have to use.

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infections, have cuts or sores have had hepatitis b have been treated for heart failure, or if you have symptoms such as persistent fever bruising, bleeding or paleness. if you've had enough ask your dermatologist about enbrel. >> bret: finally tonight yep is a handy web site consumers can use to get reviews or advice when searching for a new restaurant or store they would like to visit.

despite all the information provided to consumers hopefully you won't need to reference this latest trend in online postings there. >> web site to go to when you are looking for five star restaurant you know it yep, we all check it out. check out yelp if you plan on going to jail. lawyers, inmates and families started posting reviews of the nation's facilities on yelp. everything on prison food to allegations of abuse. >> you are kidding. >> that's right. they are now reviewing prisons on yelp. although you do get your standard restaurant gripes like service took forever, was there for 25 years. [ laughter ] >> bret: thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. the panel continues that discussion, "special report" online starts right now. >> shepard: this is the fox report. tonight, new details on the new suspects arrested in the boston marathon attack. and now we know one of them is in the united states

illegally. >> possibly stayed-leads they had they made three additional arrests. >> shepard: new arrest, new charges. >> to have or will be charged with obstruction of justice and one has or will be charged with lying to federal official. [sirens] >> shepard: so what are their connections to the brothers at the center of it all? >> he assisted the fbi in its investigation. he is just as shocked and horrified by the violence in boston as the rest of the community is.